Western Australia
Maritime Archaeology Act 1973
Reprint 1: The Act as at 3 October 2003
Guide for using this reprint
What the reprint includes
Act as first
enacted
legislative
amendment
s
changes under the
Reprints Act 1984
this reprint
Endnotes, Compilation table, and Table of provisions that have not come
into operation
1. Details about the original Act and legislation that has amended its text are
shown in the Compilation table in endnote 1, at the back of the reprint. The
table also shows any previous reprint.
2. Validation, transitional, savings, or other provisions identified in the
Compilation table may be important. The table may refer to another endnote
setting out the text of these provisions in full.
3. A table of provisions that have not come into operation, to be found in
endnote 1a if it is needed, lists any provisions of the Act being reprinted that
have not come into operation and any amendments that have not come into
operation. The full text is set out in another endnote that is referred to in the
table.
Notes amongst text (italicised and within square brackets)
1. If the reprint includes a section that was inserted, or has been amended, since
the Act being reprinted was passed, editorial notes at the foot of the section
give some history of how the section came to be as it is. If the section
replaced an earlier section, no history of the earlier section is given (the full
history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2. The other kind of editorial note shows something has been —
• removed (because it was repealed or deleted from the law); or
• omitted under the Reprints Act 1984 s. 7(4) (because, although still
technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint
(if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1. The reprint number (in the footer of each page of the document) shows how
many times the Act has been reprinted. For example, numbering a reprint as
“Reprint 3” would mean that the reprint was the 3rd reprint since the Act was
passed. Reprint numbering was implemented as from 1 January 2003.
2. The information in the reprint is current on the date shown as the date as at
which the Act is reprinted. That date is not the date when the reprint was
published by the State Law Publisher and it is probably not the date when the
most recent amendment had effect.
Reprinted under the
Reprints Act 1984 as
at 3 October 2003
Western Australia
Maritime Archaeology Act 1973
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Reprint 1
Short title
Commencement
Interpretation
Maritime archaeological sites
Act may not apply to specified sites or objects
Vesting
Compensation and prior vesting
Offences
Protected zones
Evidence
Seizure
Forfeiture
Court may order payment of value
Reward for information as to offences
Proceedings by Trustees
Extension of time for prosecutions
New finds
Rewards as to ships and relics found
Offences as to alleged finds
Trustees’ powers
Power of disposal
Certain property to be made available to Trustees
Regulations
Register of discoverers of ancient shipwrecks
1
1
1
2
3
3
4
5
5
7
8
9
9
10
10
10
10
11
13
14
15
15
16
16
page i
Maritime Archaeology Act 1973
Contents
First Schedule
17
Second Schedule — Other ships from
which relics are believed to have
been recovered prior to
18th December, 1964
18
Third Schedule — Register of
discoverers of ancient shipwrecks
19
Notes
Compilation table
page ii
20
Reprint 1
Reprinted under the
Reprints Act 1984 as
at 3 October 2003
Western Australia
Maritime Archaeology Act 1973
An Act to make provision for the preservation on behalf of the
community of the remains of ships lost before the year 1900, and of
relics associated therewith, and for other purposes incidental thereto.
1.
Short title
This Act may be cited as the Maritime Archaeology Act 1973 1.
2.
Commencement
This Act shall come into operation on a date to be fixed by
proclamation 1.
3.
Interpretation
In this Act unless the contrary intention appears —
“Board” means The Western Australian Museum Board
constituted under the Museum Act 1959 2;
“Director” means the person appointed Director of the Museum
under the Museum Act 1969;
“historic ship” means any ship that before the year 1900 was
lost, wrecked or abandoned, or was stranded, on or off the
coast of Western Australia;
“Museum” means the body corporate constituted under the
Museum Act 1969, and known as “The Western Australian
Museum”;
Reprint 1
page 1
Maritime Archaeology Act 1973
s. 4
“protected zone” means an area declared to be a protected zone
under section 9;
“relic” means any thing of historic interest that appears to have
formed part of, or to have been carried by or derived from
or associated with any historic ship, or to have been
constructed or used by any person associated with any such
ship, and any thing to which the provisions of section 6(3)
apply;
“section” means section of this Act;
“ship” includes the remains of a ship, or any part of a ship;
“site” means a maritime archaeological site;
“Trustees” means the Trustees of the Museum appointed
pursuant to the Museum Act 1969, and includes any person
lawfully exercising the powers or performing the duties of
the Trustees.
4.
Maritime archaeological sites
(1)
For the purposes of this Act —
(a) any area in which the remains of a ship, which in the
opinion of the Director may have been a historic ship,
are known to be located;
(b) any area in which any relic is known to be located, or
where in the opinion of the Director unrecovered relics
associated with a ship which may have been a historic
ship are likely to be located; and
(c) any structure, campsite, fortification or other location of
historic interest that, in the opinion of the Director, is
associated with, and was occupied or used by, persons
presumed to have been in a historic ship,
shall be a maritime archaeological site.
(2)
A maritime archaeological site may be situated below low water
mark, on or between the tide marks, or on land, or partly in one
place and partly in another.
page 2
Reprint 1
Maritime Archaeology Act 1973
s. 5
5.
Act may not apply to specified sites or objects
(1)
Where the Director is of the opinion that any site is not of
national or local historical interest or of scientific,
archaeological, educational or other special national or local
interest, he shall advise the Trustees accordingly and the
Trustees may recommend to the Minister that the provisions of
this Act should no longer apply to that site.
(2)
If the Minister approves of a recommendation made under
subsection (1), he may, by notice in the Gazette, declare that this
Act no longer applies to that site.
(3)
Where the Minister declares that this Act no longer applies to
any maritime archaeological site the provisions of this Act shall
no longer apply to any object taken, derived or recovered from,
or associated with that site or the ship the remains of which
were comprised in that site.
6.
Vesting
(1)
The property in and right to possession of all historic ships and
maritime archaeological sites is vested in the Museum on behalf
of the Crown.
(2)
Subject to section 21, and unless the object in question —
(a) is an object taken or recovered from a ship mentioned in
the First Schedule in relation to which due notice was
given to the Director under the provisions of section 20C
of the Museum Act 1959 2, or of section 42 of the
Museum Act 1969, and in respect of the disposal of
which the written permission of the Trustees has been
given; or
(b) is an object taken or recovered before 18 December
1964 from a ship mentioned in the Second Schedule,
and was immediately prior to the coming into operation of this
Act in the lawful possession of a person, the property in and
right to possession of all relics derived from or associated with a
historic ship is vested in the Museum on behalf of the Crown.
Reprint 1
page 3
Maritime Archaeology Act 1973
s. 7
(3)
Subject to section 21, the property in and right to possession of
any object which, in the opinion of the Director, was abandoned
in the State before the year 1900 and derives from or was
associated with any ship, whether or not a historic ship within
the meaning of this Act, and which was not, immediately prior
to the coming into operation of this Act, in the lawful possession
of a person, is vested in the Museum on behalf of the Crown.
(4)
Where the Trustees are satisfied that relics were recovered from
a historic ship before 18 December 1964, and particulars of that
historic ship do not appear in the Second Schedule, the
Governor, on the recommendation of the Trustees, may by
Order in Council, notice of which shall be published in the
Gazette, add the particulars of that historic ship to the Second
Schedule and thereupon that schedule as thereby amended shall
be deemed to have been so enacted in this Act.
7.
Compensation and prior vesting
(1)
Compensation is not payable to any person by reason that the
property in and the right to possession of any site, relic, or thing
is vested in the Museum on behalf of the Crown by the
operation of this Act.
(2)
It is hereby declared that the property in and the right to
possession of any ship or relic by operation of this Act vested in
the Museum on behalf of the Crown shall be taken to have been
so vested for all purposes at all material times —
(a) in the Board, in relation to the period from the date of
the coming into operation of the Museum
Act Amendment Act 1964 3, to the date of the coming
into operation of section 42 of the Museum Act 1969 4;
and
(b) in the Museum, in relation to the period from the date of
the coming into operation of section 42 of the Museum
Act 1969 4, to the date of the coming into operation of
this Act 1.
page 4
Reprint 1
Maritime Archaeology Act 1973
s. 8
8.
Offences
(1)
A person who —
(a) without the consent of the Trustees, in any way alters,
removes, destroys, damages, or in any way deals with,
or assumes the possession, custody or control of, any
maritime archaeological site, ship, relic or thing vested
in the Museum on behalf of the Crown pursuant to this
Act; or
(b) having the consent of the Trustees to do any of the
things mentioned in paragraph (a), is in breach of any
condition to which the giving of the consent was subject;
or
(c) impedes or hinders, or endeavours in any way to impede
or hinder, any member of the staff or employee of the
Museum or any person acting with the authority of the
Trustees who is inspecting, recovering or otherwise
dealing with any such site, ship, relic, or thing,
commits an offence.
Penalty: $2 000 or imprisonment for 12 months or both the fine
and imprisonment.
(2)
In any proceedings for an offence against subsection (1) the fact
that no notice in writing to the Director in relation to that object
has been given under the provisions of —
(a) section 20C of the Museum Act 1959 2; or
(b) section 42 of the Museum Act 1969,
and that the Trustees’ authority in writing permitting the object
to be sold, destroyed or otherwise disposed of has not been
given is deemed to be proved in the absence of proof to the
contrary.
9.
Protected zones
(1)
Reprint 1
For the purpose of preventing the plunder, damage or
disturbance of maritime archaeological sites, and of the ships,
relics or things vested in the Museum on behalf of the Crown,
page 5
Maritime Archaeology Act 1973
s. 9
the Governor may, by an instrument published in the Gazette,
declare that an area is a maritime archaeological site and that a
specified area surrounding that site is a protected zone, and that
zone may be declared to include the waters lying above and the
land or the bed of the sea below it.
(2)
A declaration made under subsection (1) shall be laid before
each House of Parliament within the 6 sitting days of such
House next following the date of publication and the provisions
of section 36 of the Interpretation Act 1918 5, shall thereupon
apply to that declaration as if it had been a regulation so laid.
(3)
Where the site is or extends below low water mark the
boundaries of that site shall be specified and the boundaries of
the protected zone below low water mark in relation to that site
shall not extend beyond 500 metres from the perimeter of that
site.
(4)
The declaration of a protected zone shall specify the boundaries
of that zone in sufficient detail to enable them to be established
but it shall not be necessary that the boundaries are surveyed or
demarcated, and notwithstanding that the boundaries are not
demarcated a person may be convicted of an offence against this
Act in relation to a protected zone where the court is satisfied
that the location of that zone could have been established by a
reasonable person by reference to land marks, leading marks, a
buoy or other position marker specified in the declaration, but it
shall be a defence to show that the location could not have been
so established.
(5)
The Governor may make regulations prohibiting, or imposing
conditions or restrictions upon —
(a) the bringing into, or the use within, a protected zone of
equipment constructed or adapted for any purpose of
diving, salvage or recovery operations, or any
explosives, instruments or tools likely adversely to affect
a site, and the entry into, or the remaining within, a
protected zone of any vessel carrying any such
equipment or other such thing;
page 6
Reprint 1
Maritime Archaeology Act 1973
s. 10
(b)
(c)
diving or other underwater activity; and
the mooring of vessels, or the use of those waters by
vessels otherwise than for the purpose of innocent
passage, recreation, or commercial fishing of a kind not
likely adversely to affect a site,
in relation to protected zones generally or in relation to any zone
specified in the regulations.
(6)
10.
A person who contravenes any provision of a regulation made
pursuant to subsection (5) commits an offence against this Act,
and where a vessel enters or remains within a protected zone in
contravention of any such regulation the person in command or
in charge of the vessel and, where he can be shown to have
caused or permitted the contravention, the owner or charterer of
the vessel are each guilty of an offence against this Act.
Penalty: $1 000 or imprisonment for 6 months or both the fine
and imprisonment.
Evidence
(1)
Reprint 1
At the hearing of any proceedings with respect to any area or
thing to which this Act applies the production of a certificate
purporting to be signed by the Director, or by a member of the
staff of the Museum to whom the power of the Director has
been delegated by notice in the Gazette either for the general
purposes of this Act or in relation to a particular matter, that he
is satisfied —
(a) that a locality or thing is of historic interest;
(b) that an area constitutes a maritime archaeological site;
(c) that a ship was, or appears likely to have been, in the
waters adjacent to the coast of Western Australia before
the year 1900; or
(d) that a relic or thing appears to have been associated with
a ship, or to have been abandoned, constructed or used
by persons associated with a ship therein specified,
page 7
Maritime Archaeology Act 1973
s. 11
is sufficient evidence of the matters relevant to those
proceedings stated in the certificate, without proof of the
signature of the person appearing to have signed the certificate
or that he is the Director or a person so authorised by the
Director, if —
(e) notice of intention to adduce evidence by certificate is
given not less than 3 days before the day of the trial or
hearing, and that notice is served and the service proved
in the same manner as notices to admit and produce may
be served and proved in civil proceedings;
(f) objection is not taken before or at the trial or hearing;
and
(g) the Director, and any person purporting to have signed
the certificate as a delegate under the authority of the
Director, have not been required to attend to give
evidence in person,
unless the court otherwise orders, or evidence to the contrary is
adduced.
(2)
In any proceedings under this Act the onus of proof that the
provisions of this Act do not apply to any ship, relic or other
thing lies upon the defendant.
(3)
Where in a complaint of an offence against this Act there is an
averment that an act or omission occurred within a protected
zone, courts and persons acting judicially shall, on the act or
omission being proved, presume in absence of proof to the
contrary that it occurred within the protected zone as averred.
11.
Seizure
(1)
page 8
When, on the arrest of a person on a charge of an offence under
section 8 or section 9, —
(a) the property in respect of which the offence is alleged to
be committed; or
Reprint 1
Maritime Archaeology Act 1973
s. 12
(b)
any vessel, vehicle, equipment, or other thing alleged to
have been used in the commission of the offence,
is found in his possession or under his control the person
arresting him may seize such property or thing and take the
same forthwith before a Justice to be dealt with according to
law.
(2)
12.
Where any property or thing is brought before a Justice under
the provisions of this section he shall dispose of it as though it
had been a thing seized or taken under the provisions of
The Criminal Code.
Forfeiture
(1)
A court convicting a person of an offence against section 8 or
section 9 may, in addition to imposing a penalty, order the
forfeiture to the Crown of any vessel, vehicle, or other specified
equipment or thing, used in the commission of the offence, and
any order so made has effect according to its tenor.
(2)
The court may, before making an order under this section,
require notice to be given to, and hear, such persons as the court
thinks fit.
(3)
Goods in respect of which an order is made under this section
shall be dealt with as the Attorney General directs and, pending
his direction, may be detained in such custody as the court
directs.
13.
Court may order payment of value
A court convicting a person of an offence against this Act may,
in addition to imposing a penalty, order the person to pay to the
Trustees the full amount of the antiquarian value of the property
damaged, mutilated, destroyed or removed, as the case may be,
and the amount so ordered to be paid may be recovered as if it
were part of the penalty imposed, notwithstanding that the total
of the penalty and that amount exceeds the maximum penalty
that may be imposed.
Reprint 1
page 9
Maritime Archaeology Act 1973
s. 14
14.
Reward for information as to offences
The Trustees may offer and pay a reward to any person who
gives information to them or any member of the staff of the
Museum of the commission of an offence against this Act that
leads to the conviction of a person of the offence.
15.
Proceedings by Trustees
In any complaint preferred by the Trustees against a person
under this Act, and in any proceedings instituted in relation to
any property vested in the Museum or under the care and
control of the Trustees, it is sufficient to state generally that the
property in respect of which the proceedings are instituted is the
property of the Museum.
16.
Extension of time for prosecutions
(1)
The provisions of any other law relating to the limitation of
actions notwithstanding, in any proceedings for an offence
against this Act a complaint may be made at any time within a
period of 12 months from the time when the matter of complaint
arose, but, unless the Justice before whom the complaint is made
on being satisfied on oath that having regard to the circumstances
of the case it was not practicable to make the complaint at an
earlier date, gives or renews a certificate to that effect, no
complaint shall be made after the expiration of that period.
(2)
Where a certificate is given or renewed in accordance with the
provisions of subsection (1), that certificate authorises the
making of a complaint within a period of one month after the
date of that certificate.
17.
New finds
(1)
page 10
A person who finds a ship that was, or appears likely to have
been, lost before the year 1900 and fails to give notice of the
finding to the Director in writing as soon as practicable after the
finding commits an offence.
Penalty: $500.
Reprint 1
Maritime Archaeology Act 1973
s. 18
(2)
A person who finds, takes or recovers any relic and fails to give
notice that he has done so to the Director in writing as soon as
practicable thereafter commits an offence.
Penalty: $100.
(3)
It is a defence to a prosecution for an offence under this
section to show that the accused knew, or had reasonable cause
to believe, that due notice had been given to the Director by
some other person and had been acknowledged by the Director.
18.
Rewards as to ships and relics found
(1)
Subject to the approval of the Minister and to the provisions of
section 20, the Trustees have power to reward the person who
first notifies the Director of the position of a ship that was, or
appears likely to have been, lost before the year 1900, or of any
relic, the position of which was not previously known to the
Trustees.
(2)
A person wishing to make a claim for a reward payable under
subsection (1) should, where practicable, mark the position by
leaving there a buoy or other identifiable thing that may be
recovered by the Trustees, in order to verify that the position
notified to the Director is the same as that investigated by the
Trustees pursuant to that notification, and the Trustees may
refuse the claim of any person who does not satisfy them that
the position which he claims to have established has been
verified.
(3)
In order to substantiate a claim as the person reporting the
position of a ship or relic for the purposes of this section the
notice given to the Director should —
(a) state the time and date of the finding;
(b) contain a description of the ship or relic and of any
distinguishing features sufficiently detailed to ensure so
far as is practicable that it may subsequently be
positively identified as being that to which the notice of
the finding relates;
Reprint 1
page 11
Maritime Archaeology Act 1973
s. 18
(c)
(d)
(e)
give particulars of any buoy or other thing by which the
claimant has marked the position;
give as accurate a description as is practicable of the
position;
set out the particulars of the finder and the
circumstances in which the find was made, including
particulars of any other persons present or who rendered
assistance.
(4)
Where a person is in doubt as to whether any ship that he has
found was lost before the year 1900 or that any object is a relic,
he may, by notice in writing, refer the question for decision to
the Director whose decision is conclusive.
(5)
Where a person makes a claim for a reward under this
section the Trustees shall, within 12 months thereafter —
(a) notify him that a reward or an interim payment on
account of a reward will be paid; or
(b) notify him that it has not been possible within that time
to evaluate the finding and that the Minister has directed
that the Trustees may defer their decision for a further
specified period; or
(c) notify him that his claim is not admitted, or that no
reward will be payable.
(6)
Where a person is aggrieved by the decision of the Trustees, or
where no notification has been received by him within the
period or further period specified in or in accordance with
subsection (5) he may make application to a Judge in chambers
for an order requiring the Trustees to pay him such amount as is
just.
(7)
Before making any order pursuant to this section the Judge shall
afford the Minister and the Trustees an opportunity to be heard
as to the information in their possession regarding that ship or
relic, the actual or probable costs of recovery and preservation,
the market value of the metal content of any relic, the course of
page 12
Reprint 1
Maritime Archaeology Act 1973
s. 19
conduct of the claimant in relation to the ship or relic, any
payment made to the claimant pursuant to section 20(2), the
steps which should be taken in the interest of maritime
archaeology, and the time factors that are envisaged, and may
hear and take into consideration any objection or submission
made in relation thereto.
(8)
Subject to subsection (10), unless the Minister otherwise directs
the aggregate of the moneys paid to any person by way of
reward or rewards in relation to any one ship or the relics
associated therewith shall not exceed $5 000.
(9)
Where a Judge is satisfied that a claimant is entitled to a reward
under this section and that no other circumstances make it
undesirable he may, subject to subsection (8), award to the
claimant such amount as he thinks just, and on the making of
any such order the Trustees shall give effect thereto according to
its tenor.
(10)
Notwithstanding the limitation referred to in subsection (8),
where the Judge is satisfied that, regard being had to the matters
referred to in subsection (7), the value of the metal content of
any relics is such that the limitation should not be imposed the
Judge may —
(a) in relation to those relics, order that the claimant be paid
an amount not exceeding one-half of the market value of
the metal content of those relics; and
(b) order that any such payment in respect of metal content
shall not be taken into account, or shall be taken into
account only to a specified extent, in calculating the
amount payable for the purposes of the limitation.
(11)
The Judge may make such order in relation to the costs and
expenses of and incidental to the matter as he thinks fit.
19.
Offences as to alleged finds
(1)
Reprint 1
A person who makes a statement that to his knowledge is false
or misleading in any material particular in relation to a claim
page 13
Maritime Archaeology Act 1973
s. 20
made or notice given pursuant to this Act in respect of the
alleged finding of a ship or relic commits an offence.
(2)
A person who, not being the finder, wilfully moves, removes,
defaces, alters or otherwise interferes with a buoy or other
evidence of the finding placed or erected at or over a ship or
relic pursuant to this Act commits an offence.
Penalty: $1 000.
[Section 19 amended by No. 78 of 1995 s. 147.]
Trustees’ powers
20.
(1)
The property in or right to possession of any ship, relic or other
thing of historical interest vested in the Museum on behalf of
the Crown shall not be disposed of except in accordance with
section 21 and a contract or agreement which purports to do so
is void.
(2)
Subject to subsection (1), the Trustees may —
(a) pay to a person, who at their request delivers to them
any relic or thing of historical interest, the expenses
properly incurred by him in recovering and obtaining
possession of it;
(b) enter into an agreement for the recovery or partial
recovery of any ship, relic, or thing of historical interest
and expend such amount in that regard as is properly
payable, based on a rate determined by the Trustees
prior to the work of recovery being commenced;
(c) take such steps as may be necessary or desirable to
recover, preserve or display any ship, relic or thing
vested in the Museum; and
(d) promote or supervise activities aimed at the discovery,
recovery, preservation, study and display of ships, relics
and things to which this Act applies,
and any such payment, agreement or activity may be made
subject to such prior conditions or requirements as the Trustees
think fit.
page 14
Reprint 1
Maritime Archaeology Act 1973
s. 21
21.
Power of disposal
When the Trustees are satisfied that any relic has been preserved
and has been examined and recorded they may make a
recommendation to the Governor that the relic should be
disposed of to —
(a) the Commonwealth, or any State or Territory of the
Commonwealth, the body known as The National Trust
of Australia (W.A.), or the body known as the Royal
Western Australian Historical Society Incorporated;
(b) a person or body having historic associations with that
relic; or
(c) the finder, or a person who recovered or assisted in the
recovery of, the relic,
and if the Governor so directs the Trustees shall give effect to
the recommendation.
22.
Certain property to be made available to Trustees
(1)
Where a person has in his custody or under his control an object
in relation to which a notice was given by the Director, in
accordance with the provisions of section 20C of the Museum
Act 1959 2, or of section 42 of the Museum Act 1969, that the
object in the opinion of the Director was likely to be of national
or local historical interest or of scientific, archaeological,
educational or other special national or local interest, that person
shall, if required by the Trustees, produce the object to them at
such reasonable time as is specified by them for inspection and
possession by them for the purposes of subsection (2).
(2)
Where, after inspecting any object produced pursuant to
subsection (1), the Director is of the opinion that it is of national
or local historical interest or of scientific, archaeological,
educational or other special national or local interest, the
Trustees may continue in possession of the object for a period of
30 days or for such longer period as the person producing it and
the Trustees may agree upon, for the purpose of photographing,
Reprint 1
page 15
Maritime Archaeology Act 1973
s. 23
copying, or otherwise obtaining a record of, the object and
investigating the extent of any such interest that the object may
have.
(3)
23.
At the expiration of the period mentioned in subsection (2), the
Trustees shall, unless they and the person producing it otherwise
agree, return the object to him.
Regulations
The Governor may make such regulations, whether general or to
meet a particular case, as are in his opinion required or
permitted by this Act for ensuring that the maritime
archaeological sites and the ships, relics and things to which this
Act applies, and the immediate environment necessary for their
continued preservation, are protected from damage, disturbance
or adverse influence.
24.
Register of discoverers of ancient shipwrecks
(1)
In order to give statutory recognition to the primary and
secondary discoverers of ancient shipwrecks there shall be a
register of discoverers of ancient shipwrecks constituted by
Schedule 3.
(2)
In this section —
“ancient shipwreck” means any of the ships wrecked off the
coast of Western Australia and known as the Tryal, the
Batavia, the Vergulde Draeck, the Zuytdorp, or the Zeewyk;
and
“primary discoverer” and “secondary discoverer” have the
meanings given to those terms by the Select Committee on
Ancient Shipwrecks Report tabled in the Legislative
Assembly on 17 August 1994.
(3)
The Third Schedule has effect.
[Section 24 inserted by No. 44 of 1997 s. 4.]
page 16
Reprint 1
Maritime Archaeology Act 1973
First Schedule
First Schedule
[s. 6]
Name of Ship
Year of
loss.
Approximate location
Known as the —
“Tryal” .....................................
1622
“Batavia” .................................
1629
“Vergulde Draeck” ..................
“Zuytdorp” ...............................
1656
1712
“Zeewyk” .................................
1727
Tryal Rocks, Monte Bello
Islands.
Beacon Island, Wallabi Group,
Houtmans Abrolhos.
Ledge Point.
Forty miles north of the mouth
of the Murchison River.
Gun Island, Pelsart Group,
Houtmans Abrolhos.
Reprint 1
page 17
Maritime Archaeology Act 1973
Second Schedule
Second Schedule
[s. 6]
Other ships from which relics are believed to have been
recovered prior to 18th December, 1964
Name of Ship
Known as the —
“Elizabeth”
“Lancier”
“Cervantes”
“Eglinton”
“Zedora” (formerly
believed to be
Lancier)
“Georgette”
“Lady Elizabeth”
“James Service”
“Ben Ledi”
“Macedon”
“Mira Flores”
“Janet”
“Denton Holme”
“Raven”
“Ulidia”
“Omeo”
“Sepia”
“City of York”
“Carlisle Castle”
“Dato”
Unidentified
page 18
Year of
loss
Approximate location
1839
1839
1844
1852
1875
South of Cottesloe Beach.
Stragglers Rocks.
Thirsty Point.
Eglinton Rocks.
South of Hügel Passage.
1876
1878
1878
1879
1883
1886
1887
1890
1891
1893
1894
1898
South of Margaret River.
North of Dyer’s Island.
Murray Reef.
Pelsart Island.
Transit Reef, Rottnest.
Narrowneck, Rottnest.
Transit Reef, Rottnest.
Transit Reef, Rottnest.
South of Dyer’s Island.
North of Stragglers Rocks.
Owen Anchorage.
Challenger Passage near Carnac
Island.
City of York Bay, Rottnest.
Coventry Reef.
Careening Bay, Garden Island.
Boxer Island.
1899
1899
1900
—
Reprint 1
Maritime Archaeology Act 1973
Third Schedule
Third Schedule
[s. 24]
Register of discoverers of ancient shipwrecks
Name of Ship
Tryal
Primary Discoverer/s
Eric Christiansen
Secondary Discoverer/s
Naoom Haimson
David Nelley
John MacPherson
Alan Robinson
Batavia
Henrietta DrakeBrockman
Max Cramer
Hugh Edwards
Dave Johnson
Greg Allen
Graham Cramer
Bruce Melrose
Vergulde Draeck
Graeme Henderson
John Cowen
Alan Henderson
James Henderson
Alan Robinson
Zuytdorp
Tom Pepper
Phillip Playford
Tom Brady
Graham Cramer
Max Cramer
Ada Drage
Zeewyk
Harry Bingham
Tom Brady
Hugh Edwards
Max Cramer
Colin Jack-Hinton
Neil McLaghlan
[Third Schedule inserted by No. 44 of 1997 s. 5.]
Reprint 1
page 19
Maritime Archaeology Act 1973
Notes
1
This reprint is a compilation as at 3 October 2003 of the Maritime Archaeology
Act 1973 and includes the amendments made by the other written laws referred to
in the following table 1a. The table also contains information about any reprint.
Compilation table
Short title
Number
and year
Assent
Commencement
Maritime Archaeology
Act 1973
66 of 1973
28 Nov 1973 7 Dec 1973 (see s. 2 and
Gazette 7 Dec 1973 p. 4479)
Sentencing (Consequential 78 of 1995
Provisions) Act 1995 s. 147
16 Jan 1996
4 Nov 1996 (see s. 2 and
Gazette 25 Oct 1996 p. 5632)
Maritime Archaeology
Amendment Act 1997
9 Dec 1997
9 Dec 1997 (see s. 2)
44 of 1997
Reprint 1: The Maritime Archaeology Act 1973 as at 3 Oct 2003 (includes amendments
listed above)
1a
On the date as at which this reprint was prepared, provisions referred to in the
following table had not come into operation and were therefore not included in
compiling the reprint. For the text of the provisions see the endnotes referred to in
the table.
Provisions that have not come into operation
Short title
Number
and year
Assent
Commencement
Sentencing Legislation
Amendment and Repeal
Act 2003 s. 78 6
50 of 2003
9 Jul 2003
To be proclaimed (see s. 2)
2
Repealed by the Museum Act 1969.
3
Operative 18 Dec 1964 (see s. 2 and Gazette 18 Dec 1964 p. 4039).
4
Operative 19 Dec 1969 (see s. 2 and Gazette 19 Dec 1969 p. 4197).
5
Repealed by the Interpretation Act 1984.
6
On the date as at which this reprint was prepared, the Sentencing Legislation
Amendment and Repeal Act 2003 s. 78 had not come into operation. It reads as
follows:
“
78.
(1)
page 20
Maritime Archaeology Act 1973 amended
The amendments in this section are to the Maritime Archaeology
Act 1973.
Reprint 1
Maritime Archaeology Act 1973
(2)
Section 9(6) is amended by deleting the penalty clause and
inserting the following penalty clause instead —
“ Penalty: $1 000.
”.
”.
By Authority: JOHN A. STRIJK, Government Printer